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  1. #1
    Join Date
    Nov 2009
    Posts
    1

    Angry Unauthorized Use of My Credit Card by My Ex-Fiance (Used My Card Via Telephone)

    My question involves criminal law for the state of: Pennsylvania

    Last year I broke off my engagement and moved from PA to CA. About a month after I moved I noticed that on my May 2008 bank statement there was a $339.09 charge made to Comcast Cable. I did not have an account with Comcast Cable -- I put two and two together and matched up the account number on the fraudulent charge as belonging to my ex's Comast account. I figured he must have written down my credit card number at some point and then saved it for a rainy day -- because I had the actual card in my physical possession 3000 miles away at the time the charge was made.

    I tried to get him to admit that he did indeed use my card fraudulently, but he played dumb and said that since I had called in several months before and paid his bill myself with that card, that Comcast must have just 'automatically debited' my credit card again for the next bill. I know this is not the case -- Comcast does not automatically charge any credit card unless you have a special auto-billing set up, and they certainly wouldn't charge a credit card that wasn't even in the account holder's name! At the time I let it go because I was just so exhausted and worn out from dealing with him...as it turns out I should have nipped this in the bud then because I am now coming across more and more inconsistencies concering missing money in my various accounts.

    I'm positive the May, 2008 Comcast charge went down like this: I had just left him, his cable bill was more than a month overdue so Comcast cut off his service...he's dead broke with an axe to grind against me, so with no cable, telephone or internet he decides to get it all turned back on right then and there by calling into the billing center and giving them my credit card number over the phone, that way they would have put the charge through while he waited on the phone and his service would have been restored immediately, and since he knows I hardly ever look at my statements, he figures I'll never know (or if I do find it, he'll be able to talk his way out of it).

    Well, a month or so ago he finally alluded to the fact that he did indeed use my card without my consent for the cable bill, but he didn't come right out and actually confess word for word, just kind of laughed like he had gotten one off on me. My question is this: Is it too late for me to lodge a criminal complaint against him for the fraudulent use of my credit card for the Comcast charge made back in May, 2008?

    I'm sure that Comcast records their telephone lines and at one time would have had him on a recorded line calling in and giving them my credit card number to pay the bill on his account, but I'm not sure they would still have the call recording from over a year ago... Should I start with Comcast and see if they can track down the recording? Or should I contact my bank to open an investigation into the fraudulent charge? Or just jump right right to making a police report? Or, is the statute of limitations up and I'm just plain ole SOL?

    Thanks a bunch for any advice and input...this man has made it his life's work to lie to me, steal from me and manipulate me, and I've had about all I can handle. I'm mad as hell and I ain't taking it no more -- I want his butt in a courtroom answering for this. Period.

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Unauthorized Use of My Credit Card by My Ex-Fiance (Used My Card Via Telephone)

    Bear in mind, I am just a volunteer here:

    First off, I would immediately call your credit card company, explain the situation and ask if they can remove the charge. (While you are at it, ask for a new card with new number).

    If they can't remove the charge, call Comcast. Again, explain the situation.

    If that doesn't work, I would go talk to the police and ask if there is anything that can be done.

    Wish I could be more helpful on this.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Unauthorized Use of My Credit Card by My Ex-Fiance (Used My Card Via Telephone)

    Did you dispute this charge with your credit card company when you noticed it?

    If you didn't, why not?

    Usually, you have 60 days to dispute a transaction with the issuer. If you don't, you're usually stuck.

    You may yet be able to have him brought up on fraud charges, but you'd have to hurry to an attorney to see if it would even fly. The statue of limitations on fraud is typically 2 years from the discovery of the act.

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